Will not stay Bihar caste survey unless prima facie case made out by those opposing it: Supreme Court

Senior advocate Mukul Rohatgi, appearing for one of the petitioners, sought the court's direction restraining the state government from publishing the data.

The Centre on Monday told the Supreme Court the caste survey initiated by the Bihar government would have ramifications necessitating it to file an affidavit.

A bench of Justices Sanjiv Khanna and S V N Bhatti gave one week's time to Solicitor General Tushar Mehta to file the affidavit on a request made by him. The court fixed the matter for hearing on August 28.

The bench, however, again clarified that it does not intend to stay the publication of the Bihar survey unless a prima facie case is made out by the petitioners that require an interim order.

Mehta, for his part, contended that the survey could have some consequences.

"We are not this way or that way. But this exercise may have some consequences,” he said. 

Senior advocate Mukul Rohatgi, representing one of the petitioners, urged the court to restrain the state government from publishing the data. The top court said that the collection of data is over now and the second one is analysis of data collected during the survey, which is more difficult and problematic.

The bench said, “Unless you (petitioners) are able to make out a prima facie case, we are not going to stay anything”. The bench also pointed out the state government had assured during the last hearing that it is not going to publish the data.

Senior advocate Shyam Divan, representing the Bihar government, contended that nothing should be recorded in the order and there should not be any restraint on his client.

The matter arose out of the challenge to the judgment of the Patna High Court which had on August 1 approved the Bihar government's decision of June 6, 2022 to conduct a caste census in the state.

The HC had said the exercise was perfectly valid, and (is) initiated with due competence, with the legitimate aim of providing 'development with justice'; as proclaimed in the address to both Houses.

The pleas before the top court claimed that the entire exercise was without authority, and legislative competence and reeked of mala fide. The petitioners said in terms of constitutional mandate, only the Union Government is empowered to conduct census.